As Secretary of Labor Thomas Perez recently announced, OFCCP has updated its guidance to “make clear that discrimination on the basis of transgender status is discrimination based on sex” under Title VII and existing case law. By e-mail Director Patricia Shiu announced the release of Directive 2014-02, the purpose of which is to
Office of Federal Contract Compliance Programs
OFCCP Delivers Proposed Equal Pay Report and Instructions to OMB
In connection with the publication of the NPRM on the pay data reporting tool last week, today the proposed Equal Pay Report (Equal Pay Report) and Instructions, as well as a Supporting Statement, were released to the public. The Equal Pay Report is to be filled annually by employers through a yet-to-be released…
Greetings from Day 2 of the ILG National Conference
The second full day of the 32nd Annual ILG National Conference was filled with a multitude of presentations by practitioners and government officials.
The day started with a joint agency presentation by representatives from EEOC, Department of Justice and OFCCP. One of the “hot topics” discussed was the anticipated release of the long-awaited proposed…
The “Equal Pay Report” – OFCCP’s Proposed Regulations Will Create a New, Annual Reporting Obligation
As we reported earlier today, OFCCP has announced proposed regulations to satisfy President Obama’s mandate that contractors submit detailed pay data. The NPRM will be officially published in the Federal Register this Friday with a 90 day public comment period after that.
As proposed, the data collection tool, called the Equal Pay Report (EPR) in…
OMB Releases Pay Data Collection Tool
We have learned OMB has today released the proposed pay data collection tool to be published in the Federal Register on Friday. Once published, the public will have 90 days to submit comments. Details are still emerging on this breaking news. We will update you as soon as we learn more so make sure to…
32nd Annual Industry Liaison Group National Conference
Hello from the 2014 ILG National Conference in beautiful Washington, D.C. The theme of this year’s conference is “Celebrate 50 Years of Civil Rights” and the conference opens tomorrow morning with an address from Secretary of Labor Thomas Perez. Key officials from OFCCP and EEOC as well as leading practitioners are scheduled to present…
OFCCP’s Focus on “Steering” Discrimination Gains Steam
As OFCCP tries to find new ways to attack the “pay gap,” the Agency is focused increasingly on novel and creative methods to uncover alleged pay discrimination. These “outside the box” investigations look beyond simply pay decisions (starting salary and pay adjustments) and instead examine employee selection processes – such as hiring decisions – and…
Update: OMB Reviewing “Pay Transparency” Regulations
Earlier this week, OFCCP delivered to the Office of Management and Budget (OMB) proposed regulations implementing the President’s recent Executive Order 13665 prohibiting employers from retaliating against employees for discussing their pay. A White House Fact Sheet provides more information on how the proposed regulations fit into the President’s pay initiatives.
After OMB reviews (and…
CSAL UPDATE: New Details on Wave of OFCCP Advance Audit Notification Letters
Jackson Lewis has learned the following about the latest round of OFCCP Courtesy Scheduling Announcement Letters (CSALs).
On July 16, 2014 OFCCP sent out a wave of CSALs giving employers advance notice about impending OFCCP compliance reviews.
The latest CSAL wave included:
- 568 employers
- 1,507 establishments
- 23 industries
- 30 Corporate Management Compliance Evaluations (CMCEs) were
…
BREAKING NEWS: OFCCP Mails Advance Audit Notification Letters
We have learned that OFCCP has sent out a new wave of advance audit notification letters giving employers a “heads up” about upcoming compliance reviews. It appears the letters were sent yesterday.
Like the last round of CSALs, OFCCP sent the letters to the local facility to be audited with no additional notification to Corporate.…